fonasba education/licensing (recognition) of shipping ...€¦ · agm lima, oct 2013. survey...

FONASBA EDUCATION/LICENSING

(RECOGNITION) OF SHIPPING AGENTS AND BROKERSSurvey Report

Prepared by Capt. Jakov KarmelićVP for Education

Lima, Oct. 22nd 2013.

AGM Lima, Oct 2013.

Survey Report: FONASBA Education/Licensing of Shipping Agents and Brokers

Structure of presentation

1. Introduction – Background to the Survey2. Goals of the Survey3. Formation, chronology and structure of

Questionnaire4. Results of the Survey5. Conclusion6. Next steps7. Discussion

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Background to Survey (Education)First FONASBA Education Survey led by Allan Houtved, Coordinator of the ECASBA Education and Training Working Group, presented at AGM at Venice, October 2012

–Participated 14 countries–Questionnaire consisted of 11 questions–Goal of Survey was to identify shipping education programs among the Member States

–Issues identified:• Need for education in agency and broking sector

• Lack of practical maritime knowledge

• Lack of awareness of the maritime sector amongst the general public and legislators causing issues with regard to recruitment and retention

• Shortage of suitable trained lecturers within the industry

• Companies reducing their support for education programs

• A need for education in the sector and an opportunity for FONASBA to take lead in promoting it amongst wider membership, to coordinate and assist efforts to expand the quality of those programs (...)

During AGM at Venice it was agreed to elect VP for Education to ensure that:• all such issues are represented on the highest, FONASBA level

• to promote, coordinate and develop education initiatives within the Federation

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Background to Survey (Recognition...)During the ECASBA Advisory Panel Meeting held in Hamburg, May 2013, the aim of the Working Group was defined:

– To obtain the recognition of the role of Ship Agent at the European level

– To perform survey in order to collect relevant information on the role, functions, responsibilities and laws that regulate the activity of ship agent

Agreed that collection of data should be incorporated into comprehensive survey performed on FONASBA level.

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Goals of the SurveyTo obtain, on FONASBA Member States level, acomprehensive, accurate and up to date overview of the current:

– legal status of Ship Agent and Ship Brokers

– level of recognition of the profession

– licensing of Ship Agents and Ship Brokers

– information regarding the provision of education courses provided by members

– initiatives proposed by the Members that FONASBA should undertake

and to use all this information as a platform from which totake further actions in this regard.

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Oct. 22nd2013.

AGM Lima:Survey Report

Formation and chronology of the Questionnaire

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Questionnaire Structure

• Questionnaire consists of 34 questions

• Questionnaire covers:– Legal status (rules or regulations governing the legal standards relevant to

ship agents and/or ship brokers in each country)

– Questions related to Ship Agents

– Questions related to Ship Brokers

– Information regarding the provision of education courses provided by members

– Member‐proposed initiatives that FONASBA should undertake

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Participants in surveyParticipated in the survey (36 countries)

Argentina Croatia Hungary Jordan Norway SpainAustralia Cyprus India Lebanon Peru SwedenBelgium Denmark Ireland Malta Poland TunisiaBrazil Finland Israel Mexico Portugal TurkeyBulgaria France Italy Morocco Slovenia United KingdomChina Germany Japan Netherlands South Africa USA

Did not return Questionnaire (7 counties) Dubai PhilippinesGreece RussiaKenya Sri LankaNigeria

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Legal status

1. Which rules or regulations govern the legal standards relevant to ship agents and/or ship brokers in your country:

Country If there are no legal standards, are any categories subject to informal standards or other form of regulation? Bulgaria Port activities, required documents for clearance and other activities are all regulated by the local maritime laws

and ordinancesDenmark No – but some have obtained Fonasba Quality CertificateNorway We have our own set of rules and standards that are applicable for our membersUK Institute of Chartered ShipbrokersUSA Ship Agents must register with US Customs & Border Protection and secure an International Carrier Bond to enter

and clear vessels at US ports on behalf of their principals. Many US ports require ship agents to sign a tariff to operate in their port. All port service providers must apply for a Transportation Worker ID card, issued by the federal government following a background check. This card provides unescorted port access.

N=34/36

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2. Which categories of ship agents or ship brokers are subject to legal standards?

N=31/36

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Legal status

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4. Is the profession of ship agent recognised by your national authorities?

5. Is the nomination of a shipping agent by the Principal mandatory under national law?

N=35/36

N=34/36

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Ship agents

6. Which national authority (if any) is in charge of the register of shipping agency companies?Argentina Customs Israel Ports and Custom AuthoritiesSouth Africa Customs and The National Ports Authority.

Croatia Harbourmaster’s OfficeSpain Port Authority in each port, which are dependent on Ministry of Development.Australia Maritime Safety AuthorityJordan Maritime AuthorityMexico Direction General de Marina MercanteTunisia Direction Generale de la Marine MarchandePeru National Port Authority ‐Ministry of Transport and Communications Customs House

China Ministry of Transport Japan Ministry of Land Infrastructure Transport and Tourism/ Maritime BureauMorocco Ministry of Equipment and Transport (Department of Merchant Marine)Lebanon Ministry of Transport and Public WorksPortugal IPTM (Government)Italy Chamber of CommerceSlovenia Ministry of infrastructureFinland Commercial RegisterPoland General Register of CompaniesFrance Trade and companies national registerBrazil Ministry of Economy (legal Company opening authorization) and for operational procedures at the Port

‐ Customs, Navy, Healthy and Port Authority, Agriculture Ministry, Federal Police

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7. Are shipping agents required to undergo any form of state licensing, professional examination or certification under national law?

1. Argentina 5. Peru2. Croatia 6. Slovenia3. Italy 7. Spain4. Morocco 8. Tunisia

N=35/36

YES

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8. If Yes, which individual within a shipping agency is required to hold the state license?

N=6/8

N=8

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10. Which public body is responsible for state licensing examinations for ship agents?

N=7/8

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11. Are shipping agents licenses issued for a limited period oftime?

Country PeriodMorocco 10 yearsPeru 12 monthsSpain They can apply for the license for a period of time or for an indefinite time.Croatia Indefinite period of time

N=8

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12. Is the completion of a professional training course requiredfor the licensing of a ship agents?

N=7/8

Example of License of Registration in the Register of Maritime Agents, issued by Harbour Master’s Officein Croatia:

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Ship agents

13. What are the requirements for any state examination for shipping agents?

Country 13. What are the requirements for any state examination for shipping agents?Slovenia Three years in maritime agency businessCroatia Secondary (high) school education

One year of practice in the field of Maritime Agency’s activities or two years in Maritime activities i.e. navigation for seamen at least in the role of deck or engine officer. Knowledge of the following subjects to be verified: 1. Maritime Agency’s activities; 2. Contract of employment of the ships; 3. Elements of commercial and financial activity; 4. English language.

Italy Secondary school diploma 2 years of previous experience in a ship agency.

Peru Shipping Agencies have to be in full compliance with local regulations, letter of guarantee and Civil Law for a Peruvian Company. Port Authority, City Hall, Customs and Tax Entity have to approve and grant permits before.

N=5/6

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14. Who bears the cost of the state license examination fee?

N=6/6

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15. If state licensing is NOT required, what qualifications (if any) are required for shipping agents?

N=25/28

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Ship agents

15. If state licensing is NOT required, what qualifications (if any) are required for shipping agents?Bulgaria Requirements pointed by agency companies, usually university degree in Economics and mandatory

English language + local laws governing the activities of agents; or none if internal company education program is in place

China Having at least two senior executives with no less than three years experience in international maritime transportation business operations.

Jordan Years of education: BA degree from university Previous experience: 5 years in a shipping company Approval of agent(s) of good reputeOther : have a well equipped office in the Aqaba city with more of 4 Employees

Lebanon Years of education: university degree recommended + Previous Experience: 3 years in agency managerial position + Approval of Agents of Good Repute: clean public record + Other ‐ please specify: recognition of the Lebanese Shipping agents Syndicate

Mexico Se extiende una Carta Mandato (to extend a Mandate Letter)Finland Years of education, Previous Experience, None ‐ officiallyGermany None. But almost 100% of the agents/ brokers have the same education. Actually they all have a

degree “shipping merchant/businessman/‐woman”. This degree is protected by law. As mentioned during the ECASBA Meeting in Hamburg you need a three year training parallel in a company and school (Duale Ausbildung). But this degree is not a requirement to start an agency. Absolutely everybody can start an agency. Even the terms “ship agent” and “ship broker” are not protected by law.

Sweden None ‐ anyone can open up as ship agent in Sweden!

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AGM Lima, Oct 2013.Ship agents

16. Is professional indemnity insurance mandatory?

For the company: For the individual:

Country Indemnity insurance, for the individualItaly Full period of activity (usually renewed yearly)Morocco Renewable every yearSlovenia Request with FONASBA QUALITY CERTIFICATE

N=35/36 N=33/36

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17. Is there any security that the ship agent must issue in order to carry out their activities?

N=31/36

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18. Are there any rules regarding the remuneration of shipping agents?

Australia Minimum wages for employees only are State legislated, there is an award rate for Clerks (Customs and/or Shipping and/or Forwarding Agents)

Bulgaria Mandatory social security and health insurance hence minimal salary for the specific position in the company. Minimal salaries differ per different branches of the economy.Peru Peruvian Labor Law set a minimum wage or salary

Croatia According to the Law ‘’The Maritime Agent has the right to fees and its expenses as well as expenses incurred for and on behalf of its Principal’’.

Lebanon Tariff approved by the Ministry of TransportPoland The Polish Shipbrokers’ Association has the Agency Fee tariff

N=34/36

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19. Are there any restrictions on the shipping agent in relation to carrying out his activities in other countries?

Poland Depending on governing law in countries where such service is to be performed

South Africa

Not from a South African perspective but rather depending on the laws of the other country.

N=32/36

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20. Is a broker’s license mandatory in your country?

Country1. Italy2. Jordan3. Tunisia

N=32/36

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Country Italy Jordan Tunisia21. If Yes, is the state licensing examination mandatory against national law?

Yes No N/A

22. Which public body is responsible for state licensing examinations for ship brokers?

Chamber of Commerce

Professional Association of Ship Agents with the Jordan Maritime Authority

DGMM Direction Generalede la Marine Marchande

23. Are ship brokers licenses issued for a limited period of time?

No Yes: one year and automatically renewable yearly

No

24. Which national authority (if any) is in charge of the register of ship broking companies?

Chamber of Commerce

Jordan Maritime Authority

DGMM Direction Generalede la Marine Marchande

25. What are the requirements for any state examination for ship broking companies?

Other: exam Years of education: university degree Previous experience:4 years Well equipped office

Years of education: 2‐4, depends of diploma quality Previous experience

26. Who bears the cost of the state license examination fee?

Individual N/A Depends on common agreement

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27. If state licensing is NOT required, what qualifications (if any) are required for ship brokers?

Bulgaria Requirements pointed by ship broker companies, usually university degree in economics and mandatory English language Knowledge in international and local maritime law; or None due to internal company education program

Lebanon University degree is recommended Previous Experience: 3 years of agency managerial position

Peru Previous experience and Reputation in local Market is recommended, but not compulsory

N=24/33

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28. In your opinion, are there enough adequately trained oreducated people available to work in the shipping agency and ship broking sectors in your country?

USA US maritime colleges typically do not provide undergraduate training to operate as a ship broker or agent. Most focus on sailing and issuance of Coast Guard Mariner licenses.

N=36/36

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Education

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29. Does your national association provide any professionaltraining courses required for the state license examination for ship agents or ship brokers?

Argentina Maritime Law Peru Upgrading and Updating seminars on commercial trade, customs

regulations , tax & labor regulations , shipping and port industry documentary and operational matters

Slovenia 20 school hours course and then examinations by Commission nominated by Ministry of infrastructure

N=8/8

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Education

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30. Please provide a link to information on professionaleducation and training courses on your association’s website

Argentina www.cecmi.com.arAustralia http://shippingaustralia.com.au/courses‐and‐careers/courses/Japan http://www.jafsa.jp/Mexico http://www.amanac.org.mxNetherlands www.stc.nlNorway http://shipbroker.no/tjenester/skipsmeglerutdanning/Peru www.apam‐peru.com ; capacitacion@apam‐peru.comPortugal http://www.agepor.ptTurkey http://www.gbdacademy.comUnited Kingdom Institute of Chartered ShipbrokersUSA http://216.119.85.209/education/Brazil www.sindamar.com.br, www.sindario.com.br, www.sindamares.com.br

N=36/36

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Education

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Education

Argentina Maritime LawBelgium Entrusted to PORTILOG which is a sister company of the Jure professional organizations

(ship agents, forwarders, warehouses, shipping companies) ‐ seminars are organized in close consultation with the professional organizations on basis of their input and requirements

Bulgaria If necessary, due to change in laws governing business practices or at the request of a certain number of members of the association. Same for the specific training courses.

Cyprus Duties and responsibilities, laws and regulations etc.Brazil A Navy department is in charge to apply several courses to Maritime companies

(terminal, Port operators, Ship Agency) and applicable courses to Ship Agency are offered with no costs to Ship Agents though FENAMAR Members.

N=36/36

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31. Does your association provide any professional seminarsand/or lectures on a regular basis for members or others from the shipping industry?

AGM Lima, Oct 2013.


Finland Not regularly. Current matters, customs/EU issues/ships clearingGermany Monthly lectures for young brokers and agents during the winter half year

about current issues, e.g. Hong Kong Convention, Ship finance or piracy….India Regular seminars shipping requiredIsrael A yearly shipping academic curriculum at the Rupin CollegeItaly ICS courses + video conference + Seminars/lecturers/courses at local level.Japan JAFSA opens various seminars led by lecturers who have experience in

maritime industries or else. Also JAFSA invites young staff to attend a trial practice with utilizing maneuvering simulator.

Jordan From members and othersMorocco Information and training sessions on port operations, national regulations

concerning our profession, etc.Norway We provide the ICS TutorShip program in Norway

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Education

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Peru Inhouse and external seminars are performed on a regular basis under a years program

Portugal Customs; IMDG Code; Tramping; etc.Slovenia Concerning professional standard to obtain a title “maritime agent” we are

currentily in negotiations with Ministry of EducationSpain Our Association collaborates with the Foundation, which provides online

professional training seminars (AEO, International Trade, etc.)Tunisia Yearly magazineTurkey Masterclass Courses are delivered by Shipbrokers’ Association of Turkey on

fundamental subjects such as Bills of Lading, Charter Parties, Laytime, Maritime Law etc.

United Kingdom

See website

USA All are invited to participate, but participation is not mandatory for members.

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Education

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32. Do you think a manual for ship agents and brokers should be issued by FONASBA?

South Africa No, as basic terms may apply but each country has its own idiosyncrasies.

USA No – not sure that this would be easy to do given differences in therequirements/activities of same around the world.

N=34/36

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Initiatives

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33. Do you think that FONASBA should collate and circulate tothe membership information on education and training programmes provided by external organizations?

USA FONASBA member education offerings should be easily accessed by course type via the FONASBA website.

N=35/36

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Initiatives

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Turkey FONASBA should regulate ship broking ethics by national associations’members better.FONASBA should also grant Quality Standards to the associations that allow individual membership such as Shipbrokers’ Association of Turkey. Ship broking is an individual profession.

Belgium Provide kind of a "pool" for guest speakers (high level) on veryparticular, specialized items

N=22/36

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34. Are there any other initiatives you would like to see FONASBA undertake in terms of education and training for ship brokers and shipping agents?

Initiatives

AGM Lima, Oct 2013.


Initiatives

Denmark Formal recognition by EU. Minimum requirement to be implementedCroatia To issue a kind of FES (FONASBA Education Standard) for employees as additional

condition to get FQS. The professional standards should be made by FONASBA while professional trainings as well as courses/seminars should be organized by National Associations.

South Africa

In South Africa there are institutions that are currently providing training in relation to Ships Agencies and Ships Brokers. It may be interesting to see what FONASBA sees as being pertinent to performing the role of a Ships Agent or Ships Broker.UK We should give approval system to recognized courses and qualifications. We should avoid promoting courses provided by for‐profit‐only companies.

Jordan To work together with BIMCO master class training coursesSweden We should cooperate with the Institute of Chartered ShipbrokersBrazil Provide a partnership with recognized international education institutes to offer/

bring to Country members special conditions to implement a list of interesting courses

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34. Are there any other initiatives you would like to see FONASBA undertaking in terms of education and training for ship brokers and shipping agents?

AGM Lima, Oct 2013.


34. Are there any other initiatives you would like to see FONASBA undertaking in terms of education and training for ship brokers and shipping agents?

Cyprus FONASBA should organize periodically tailor‐made education programs to its members/associations

India Regular updates from all sources on the subjectGermany Exchange of information about the national education systemsUSA FONASBA should promote member education offerings via the website.

The secretary needs to be familiar with all member offerings and be able to refer/direct those who inquire to appropriate website.

Italy Online coursesPeru Online training to collate all new trends in the industry – including

e‐commerce – paperless trade and paperless customs – single window for commerce and others.

Morocco live training or e‐learningLebanon To introduce a special workshop for whoever is interested after the annual

agency. Each year this can handle a topic of interest for shipping agents and/or shipbrokers.

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Initiatives

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Conclusions• In survey participated 36 countries or 84% of the total number of

Members

•Survey has met the set goals and represents objective insights and baseline assessments within the Member States of the:

– Legal status of the Ship Agents and Ship Brokers

– Level of licensing of the professions

– Level of recognition of the professions

– Information regarding the provision of education courses provided by the Members

– Initiatives proposed by the Members that FONASBA should undertake

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Conclusions• In 11 countries (32%) there are no rules or regulations governing the legal

standards relevant to ship agents and/or ship brokers and in 12 countries (35%) rules governing the legal standards are met in more different laws

• Nomination of a shipping agent by the Principal is not mandatory under national law in 21 countries (62%)

• There are totally different national authority (if any) in charge of the register of shipping agency companies

• Only in 8 countries some forms of state licensing, professional examination or certification exist

• There are completely different public bodies who are responsible for state licensing examinations for ship agents (in countries where certification exist)

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Conclusions• In 6 countries professional training course is required for the licensing of a ship

agent; in the same time there are different requirements for state examination for shipping agents

• In the countries where state licensing is NOT required, different qualifications (if any) are required for shipping agents

• Professional indemnity insurance is not mandatory for the companies (80%) neither for the individuals (88%)

• There are no restrictions on the shipping agent in relation to carrying out his activities in other countries (94%)

• Only in 3 countries broker’s license are mandatory

• In 18 countries there are no qualifications required for ship brokers

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Conclusions• In 21 countries (58%) it is considered that there are enough adequately trained or

educated people available to work in the shipping agency and ship broking sectors

• In 23 countries (64%) there are no on‐line (association`s website) resources on education and training courses

• In 24 countries (67%) associations are providing professional seminars and/or lectures on a regular basis for members or others from the shipping industry

• In 28 countries (82%) it is considered that a Manual for ship agents and brokers should be issued by FONASBA

• In 33 counties (94%) it is considered that FONASBA should collate and circulate information on education and training programs provided by external organizations to the members

• 18 countries gave proposal / initiatives what they would like to see FONASBA undertake in terms of education and training for ship brokers and shipping agents

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The next steps• Survey findings = platform from which to take further actions

• Current action plan for education, Executive Committee approved:

1. FONASBA website should include collected information on education courses offered by Members.

2. FONASBA should include a virtual library with the reference list literature.

3. FONASBA to review existing education provision and requirements within membership and in discussion with existing FONASBA education providers propose new courses to provide a comprehensive suite of programmes to cover all aspects of the ship agency and ship broking professions.

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The next steps• Action plan for recognition, Executive Committee approved:

1. FONASBA will work with and support member associations to achieve appropriate national recognition or licensing (as appropriate)

2. FONASBA will promote the concept of recognition or licensing of ship brokers and ship agents in all relevant international and regional fora

3. Once recognition or licensing is achieved in a majority of member states, FONASBA will aim to secure implementation at international and regional levels

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Q&A

Image source: http://penigma.blogspot.com/2012/04/alecsinking‐ship‐corporate‐members.html

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Survey Report: FONASBA Education/Licensing of Shipping Agents and Brokers 47

…for participating in the survey!

fonasba education/licensing (recognition) of shipping ...€¦ · agm lima, oct 2013. survey...

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